
IRS
CommunityGovernment Services


Ask the community...
Hey all, I'm stressing out about the Form 2553 filing deadline for my newly formed business. Our business was officially incorporated on 1/15/24 when we received our Articles of Incorporation. I didn't get my EIN until 2/28/24, and by that time I realized the potential March 15 deadline for filing Form 2553 to elect S Corp status might have already passed. I'm super confused about when the 2 month and 15 day "timer" actually starts. Does it begin on January 1st as mentioned in some Form 2553 documentation (meaning I missed the window)? Or does it start from when my Articles of Incorporation were filed (1/15/2024), which would mean I still have time to elect S Corp status for my first year in business? This is our first business and first year operating, and I really wanted the S Corp tax treatment from the beginning. Can anyone clarify how this deadline works for new corporations? Thanks!
I'm trying to figure out what to do after getting this CP87A notice from the IRS. Pretty frustrated right now. Here's the deal - my divorce agreement clearly states my ex and I alternate claiming our daughter on taxes (I get even years, they get odd years). I filed correctly according to our agreement, got my refund back in March, but just yesterday received this CP87A letter saying someone else also claimed her. The weird thing is, a few years back, my ex somehow had my child support payments redirected to my daughter's grandmother. Not sure how that works legally, but I'm wondering if the grandmother is now trying to claim my daughter as a dependent on her taxes too. I'm concerned they're trying to work around our divorce agreement by having the grandmother claim our daughter instead of my ex. I have zero contact with them - I've tried reaching out multiple times but they never respond to me. Has anyone dealt with a CP87A notice before? What documentation do I need to provide? Should I get a lawyer involved? I've double-checked everything on my end and know I'm following our court-ordered agreement correctly.
A lot of people don't realize that the grandmother claiming the child could actually be legally valid in some situations, especially if the child lived with her for more than half the year. The tax code follows physical custody more than legal agreements. If your daughter lived with her grandmother for the majority of the year, the grandmother might have a legitimate claim as the "custodial parent" in the eyes of the IRS, regardless of your divorce agreement.
This is really concerning. Our daughter splits time between me and her mom (about 40/60), but doesn't live with the grandmother. The grandmother just receives the child support payments now. Does that give her any right to claim my daughter?
No, just receiving child support payments doesn't give the grandmother any right to claim your daughter as a dependent. The IRS looks at where the child actually lived (the residency test) - if your daughter didn't physically live with the grandmother for more than half the year, the grandmother has no legitimate claim. Based on what you've described, this sounds like the grandmother is incorrectly claiming your daughter. Since you have the divorce agreement specifying alternating years, and your daughter actually lives with you and your ex (not the grandmother), you have a strong case to present to the IRS.
Don't just send the bare minimum documentation. I've been through this twice. Make sure you also include: 1. School records showing your address as one of the child's residences 2. Medical records if you have them 3. A copy of any shared custody calendar or visitation schedule you follow 4. Copies of check stubs or receipts for any child support you paid The more documentation you provide upfront, the faster the IRS resolves these issues.
Does this actually work? Last time I sent the IRS a bunch of extra documents they just seemed confused and it took longer to get a response.
@dd84d3bd2424 In my experience, the key is organizing the documents clearly and including a cover letter that explains what each document proves. Don't just dump everything in an envelope - create a simple checklist that shows how each piece of documentation supports your claim. I learned this the hard way after my first attempt was a mess of random papers. The second time I organized everything with clear labels and got a response in 3 weeks instead of 3 months.
So my mom lived with our family for about 4 years now and I've been claiming her as a dependent on our taxes because she met all the requirements (income under the limit, I provided more than half her support, etc). Unfortunately, she passed away this past April after a short illness. I'm starting to gather my tax stuff for next year and I'm not sure if I can still claim her as a dependent since she was only alive for part of the year? She had minimal Social Security income (about $980/month) and I paid for her housing, food, medical bills not covered by Medicare, and her funeral expenses which were around $12,000. This is the first time I've had to deal with a dependent passing during the tax year and I want to make sure I'm doing everything correctly. Does anyone know if I can still claim her for the 2024 tax year even though she wasn't alive the whole year?
One thing I haven't seen mentioned - check your state tax rules too! I had a parent pass away mid-year and found out that while the federal rules allowed me to claim them as a dependent, my state had different requirements. Cost me an extra $375 in state taxes I wasn't expecting!
Good point! Which state was this in? I'm in Florida so I guess I don't have to worry about state income tax but this could be important for others.
I'm in Missouri, and they have some different dependent requirements than the federal returns. Several states have their own specific rules about dependent claims, especially for deceased dependents. For instance, some states require the dependent to have lived with you for more than half the *entire* tax year, not just the portion they were alive. It's definitely worth checking your specific state's department of revenue website or calling them directly to confirm. Or if you use tax software, make sure it's properly set up for your state's rules and that you answer all state-specific questions carefully. The state tax difference might not be huge, but it's still money you don't want to leave on the table or get surprised by later.
I'm so sorry for your loss, Ava. Dealing with taxes after losing a parent is incredibly difficult on top of everything else you're going through. The good news is that yes, you can absolutely still claim your mother as a dependent for 2024. The IRS allows you to claim a qualifying dependent who passes away during the tax year as long as they met all the dependency requirements for the time they were alive. Since your mom lived with you for those months and you provided more than half her support, you're entitled to claim her. A few important things to remember when filing: - Include her full SSN and mark "deceased" with the date of death on your return - Keep all documentation of the support you provided (medical bills, funeral expenses, living costs) - You may also be able to deduct qualified medical expenses you paid for her on Schedule A if you itemize - Don't forget that you'll likely need to file a final tax return for her as well to report her Social Security income for January through April The $12,000 in funeral expenses you mentioned shows just how much financial responsibility you took on. The tax code recognizes this kind of support, which is exactly what the dependent deduction is meant to acknowledge.
I'm considering gifting my 25-year-old some appreciated stock I've been holding to help them buy a used car. The stock is worth about $20k now, and I'm wondering about the tax implications if I transfer it directly to them instead of selling it myself and giving them cash. From what I understand, if I gift them the stock directly, when they eventually sell it to buy the car, they would be responsible for paying the capital gains tax instead of me. This seems like it might be more tax efficient since they're likely in a lower tax bracket than I am. I don't think I have any gift tax reporting requirements since it's under the annual exclusion amount, but I want to make sure. Also, is there any required holding period after I gift them the stock before they can sell it? Or can they just turn around and liquidate it right away when they're ready to buy the car? Really appreciate any insights on the tax consequences here! Just trying to be smart about helping my kid while minimizing our family's overall tax burden.
Are we sure the gift tax exclusion is $18k for 2025? I thought it was still $17k? Not that it matters much for OP's $20k gift, they'd still need to file the form.
The annual gift tax exclusion is adjusted for inflation. It was $17,000 for 2023, $18,000 for 2024, and for 2025 it's expected to be $18,000 as well, though the IRS hasn't officially announced the 2025 amount yet. You're right that for a $20k gift, you'd need to file Form 709 either way to report the excess amount over the exclusion.
This is such a thoughtful way to help your child! One additional consideration I haven't seen mentioned yet - make sure to document the gift properly with a gift letter that includes the date, value, and your relationship to the recipient. This creates a paper trail that can be helpful if the IRS ever has questions. Also, since your child is 25, they're definitely old enough to handle their own tax reporting, but you might want to give them a heads up about keeping good records of the sale for their tax return. They'll need to know your original purchase price and date to calculate the capital gains correctly. The timing sounds perfect too - if they're planning to use this for a car purchase relatively soon, the stock won't be sitting in their account generating additional gains that could complicate things. Smart planning all around!
We just gave around $20K to our church this past year, and now I'm trying to figure out the tax situation. I've been reading through IRS stuff and I *think* I understand, but wanted to double-check with you all. From what I can tell, we can only actually claim this donation (to reduce our AGI) if our total itemized deductions (state/local taxes + charitable gifts + medical expenses) go over the standard deduction of $29.2k. But our total is definitely less than that threshold, so I'm pretty sure we should just take the standard deduction instead. Am I understanding this correctly? Any help or advice would be super appreciated! This is my first time dealing with a bigger donation like this.
Just FYI, there's a special charitable giving deduction for 2025 that lets you deduct up to $600 for married filing jointly ($300 for single) EVEN IF YOU TAKE THE STANDARD DEDUCTION! So you can get at least some benefit from your church donation regardless.
I need to correct this information. The special $300/$600 charitable deduction for non-itemizers was a temporary provision for 2020 and 2021 during the pandemic. It has expired and is not available for 2025 tax returns unless Congress brings it back. Currently, to deduct charitable donations, you must itemize deductions on Schedule A, and your total itemized deductions need to exceed the standard deduction to get any tax benefit. I recommend checking the most current IRS publications for the tax year you're filing, as tax laws do change.
Thanks everyone for the helpful discussion! This has been really educational. I just wanted to clarify one more thing - since we're definitely taking the standard deduction this year, should I still keep all my donation receipts and records from our church? I'm wondering if it's worth tracking everything just in case our situation changes in future years, or if there's any other reason the IRS might want to see proof of these donations even when we're not claiming them as deductions. Also, that "bunching" strategy several people mentioned sounds interesting - basically doubling up donations every other year to get over the standard deduction threshold. Has anyone actually tried this approach successfully?
Everett Tutum
I made a mistake with my S Corp election timing and had to file for late election relief. Here's what worked: File Form 2553 ASAP and attach a statement explaining why you missed the deadline (be specific about the reasonable cause - like confusion about when the deadline applied, lack of knowledge about the requirement, reliance on incorrect advice, etc.) The IRS is actually pretty lenient with new business owners who have reasonable cause. Just make sure everyone who owns stock signs the form and you check the box for late election.
0 coins
Sunny Wang
Do you know how long it took for them to process your late election? I might be in the same boat and wondering if I should just file as a C corp this year to be safe.
0 coins
Zane Gray
Gabriel, based on your situation, you might still be within your filing window! Since you incorporated on 1/15/24 but haven't mentioned actually conducting business activities yet, the 2 month and 15 day period may not have even started. The key is when you first conducted business, acquired assets, or issued stock - not just when your Articles were filed. If all you have are the Articles and EIN with no actual business activity (no bank account opened, no transactions, no stock issued), then your deadline clock hasn't started ticking yet. When you do start your first business activities, you'll have until 2 months and 15 days from that date to file Form 2553. This gives you much more flexibility than the March 15th deadline you were worried about. Just make sure to document exactly when you begin business operations so you have a clear record of your deadline. And file Form 2553 promptly once you do start - don't wait until the last minute!
0 coins